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CONTENTIOUS PROBATE PROCEEDINGS IN MALAYSIA: THE APPLICATION UNDER RULES OF COURT 2012

Updated: Jul 31, 2021


 

Abstract

Disputes over estate distribution are becoming more popular, which resulted in litigating over will, or more commonly known as contentious probate proceedings. The contentious probate proceeding has become the preferred method of resolving them. However, it was found that such a situation was neither provided nor governed under Probate and Administration Act 1959 which rendered this paper to be performed under the Rules of Court 2012. Hence, this paper is to discuss the application of contentious probate proceedings in Malaysia which are regulated by Rules of Court 2012, as well as the common mistakes that would usually occur throughout the court proceedings. The results of this paper revealed that common errors occurred in the proceeding, ultimately leading to the proceeding's failure and rejection.


 

Penny Kee Bi Nie, Universiti Utara Malaysia

pennykee97@gmail.com








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